Yeah, there's a big difference between proving it to court, and proving it to a spouse who happens to be sitting there beside you when you find the files. In a lot of cases, these people aren't trying to find legal evidence, just evidence to support an already existing suspicion. I have a very good friend who is a private investigator and generally comes to me for advise regarding PC related matters, and most of his computer related stuff is usually from a spouse who says "I know my husband/wife is doing X. Please find the evidence on here for me" and either gives you local access or brings you the device.
Rarely do those findings end up in court, unless it's divorce court.